OPINION OF ADVOCATE GENERAL

FENNELLY delivered on 1 February 1996 (1)

Commission v Italian Republic

()

4. In its defence of 29 September 1995, the Italian Government admitted that Italy had not yet implemented the Directive. It submitted, however, that this delay was not attributable to inertia on its part, but, rather, to problems experienced in implementing the Directive in national law in coordination with the Basic Directive, as recently amended by Council Directive 92/32/EEC. (5)

Conclusion

(1) declare that by not implementing within the prescribed period the laws, regulations and administrative provisions necessary to comply with Commission Directive 93/67/EEC of 20 July 1993 laying down the principles for assessment of risks to man and the environment of substances notified in accordance with Council Directive 67/548/EEC, the Italian Republic has failed to fulfil its obligations under the third paragraph of Article 189 of the Treaty and under Article 8(1) of Directive 93/67;

(2) order the Italian Republic to pay the costs of these proceedings.

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1 – Original language: English.

2 – OJ 1993 L 227, p. 9.

3 – OJ 1967 L 196, p. 1. The full Official Journal title of the Basic Directive is Council Directive of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances.

4 – The Basic Directive has been amended several times but most materially, for the purposes of the present case, by Council Directive 92/32/EEC of 30 April 1992 amending for the seventh time Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances; OJ 1992 L 154, p. 1.

5 – Cited in footnote 3 above.

6 – See, for example, Case 58/81 Commission v Luxembourg [1982] ECR 2175, paragraph 4 of the judgment.